Allahabad High Court High Court

Mansukh Sachan @ Mansukh vs Master Babloo & Others on 5 July, 2010

Allahabad High Court
Mansukh Sachan @ Mansukh vs Master Babloo & Others on 5 July, 2010
Court No. - 1

Case :- FIRST APPEAL FROM ORDER No. - 1952 of 2010

Petitioner :- Mansukh Sachan @ Mansukh
Respondent :- Master Babloo & Others
Petitioner Counsel :- Ranjeet Kumar Mishra

Hon'ble Rakesh Tiwari,J.

Heard counsel for the appellant.

This First Appeal From Order has been filed challenging validity and
correctness of the award dated 27.3.2010 passed by Motor Accident Claims
Tribunal/Additional District Judge, court no. 7, Kanpur Dehat in M.A.C.P.
No. 02 of 200.

Considering the facts and circumstances of the case, it is directed that the
appellant- driver of the tractor, shall deposit Rs. 50,000/- (fifty thousand only)
with interest within a period of two weeks from today with the concerned
Tribunal towards full and final payment as awarded against him. The office
shall transmit statutory deposit of Rs. 25,000/- to the Tribunal concerned
within two weeks from today. On receipt of the whole amount as against the
appellant, the Tribunal shall release 50 % of the amount without any security
and remaining 50 % on furnishing adequate security to its satisfaction in
favour of the claimant.

Issue notice to the respondent returnable at an early date indicating that
counter affidavit is to be filed within eight weeks. Rejoinder affidavit may be
filed within four weeks thereafter.

List after expiry of the aforesaid period.

Order Date :- 5.7.2010
SNT/